RAM SWARUP SHAW Vs. THE STATE

JUDGEMENT

(1.) In regard to Special Case No 37 of 1983 arising out of Shibpur Police Station Case No 22 dated 15 10 82 under S 7(i)(a) (ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) the Police submitted a Final Report before Sri B. N Chakraborty, Judge, Special Court, Howrah. The learned Judge however, by an order, being order No 13 dated 12.0 4.83 decided to take evidence to determine a question raised by the defence and holding that the Police should not have submitted a Final Report in the case Against this order the accused petitioner has filed the instant application with notice to the State.

(2.) We have heard Mr. Dilip Kumar Dutt on behalf of the petitioner and Mr. Nure Alam Chowdhury for the State Mr. Dutts contention is that after the Police submitted a Final Report the learned Judge had no jurisdiction to take evidence Mr. Chowdhury conceded that even without going into the question of law raised in the petition, the fact that the petitioner was in possession of a valid license under the West Bengal Pulses and Edible Oils (Dealers Licensing) Order, 1977 knooks the bottom out of the prosecution case.

(3.) The Special Court was constituted under the Act to try offences for violation of orders issued under Sec. 3 of the Act Under Sec. 11 of the Act, such a Court can only take cognizance of an offence punishable under the Act when a report in writing of the facts constituting such offence is made by a person who is a public servant as defined in Sec. 21 of the Indian Penal Code In the instant case, the police having submitted a Final Report, the learned Judge has no jurisdiction to take cognizance and to direct the taking of evidence In fact, the learned Judge sought to invoke powers under Sec. 202 of the Code of Criminal Procedure, 1973 which he has no authority to do Under the circumstances, we hold that the learned Judges order is clearly without jurisdiction We, therefore, allow this application and quash the order which has been impugned therein.